79S30143 JRD-D


By:  Pitts, Ritter, Deshotel                                      H.B. No. 63 



A BILL TO BE ENTITLED

AN ACT

relating to appropriations to pay for damages and disruptions 
suffered by Lamar University and its related institutions caused by 
Hurricanes Katrina and Rita.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  DEFINITION.  In this Act, "Lamar University or 
its related institutions" includes Lamar University and its 
educational centers, Lamar Institute of Technology, Lamar State 
College--Port Arthur, and Lamar State College--Orange.
	SECTION 2.  APPROPRIATION.  (a)  In addition to other 
appropriated amounts that may be used for this purpose, the amount 
of $34 million is appropriated out of the general revenue fund to 
the Texas State University System for the two-year period beginning 
on the effective date of this Act for the purpose of paying for or 
reimbursing payments for costs associated with damages or 
disruptions caused by Hurricane Katrina or Hurricane Rita and 
suffered by Lamar University or its related institutions.
	(b)  The Texas State University System shall distribute the 
money appropriated by Subsection (a) of this section to Lamar 
University and its related institutions, allocating the money among 
Lamar University and its related institutions as the system 
considers appropriate to address the hurricane-related needs of 
those institutions.
	(c)  For purposes of Subsection (j)(1), Section 17, Article 
VII, Texas Constitution, the legislature finds that damages to 
property caused by the hurricanes were caused by a natural 
disaster.
	SECTION 3.  FEDERAL MONEY.  (a)  To the extent that amounts, 
other than amounts described by Subsection (c) of this section, 
received from the federal government by or on behalf of Lamar 
University or its related institutions for the purpose of paying 
for or reimbursing payments for costs associated with damages or 
disruptions caused by Hurricane Katrina or Hurricane Rita do not 
exceed in the aggregate the amount appropriated by Section 2 of this 
Act, the amounts received from the federal government:
		(1)  shall be deposited in the state treasury to the 
credit of the general revenue fund as undedicated general revenue, 
and Section 51.008, Education Code, does not apply to the amounts 
received; and
		(2)  are not appropriated to the Texas State University 
System or to Lamar University or any of its related institutions 
under this Act, under Chapter 1369, Acts of the 79th Legislature, 
Regular Session, 2005 (the General Appropriations Act), or under 
any other Act of the 79th Legislature in the Regular Session or the 
1st or 2nd Called Session.
	(b)  To the extent that amounts, other than amounts described 
by Subsection (c) of this section, received from the federal 
government by or on behalf of Lamar University or its related 
institutions for the purpose of paying for or reimbursing payments 
for costs associated with damages or disruptions caused by 
Hurricane Katrina or Hurricane Rita exceed in the aggregate the 
amount appropriated by Section 2 of this Act, the amounts received 
from the federal government in excess of the amount appropriated by 
Section 2 of this Act shall be deposited in the state treasury to 
the credit of the appropriate fund or account and are appropriated 
to the Texas State University System for those purposes for the 
two-year period beginning on the effective date of this Act:
		(1)  for distribution to Lamar University and its 
related institutions, with the university system allocating the 
money among Lamar University and its related institutions as the 
system considers appropriate to address the hurricane-related 
needs of those institutions; and
		(2)  subject to any federal conditions or requirements 
that attach to receipt or use of the money.
	(c)  Notwithstanding Subsections (a) and (b) of this 
section, amounts received from the federal government by or on 
behalf of Lamar University or its related institutions for the 
purpose of paying for or reimbursing payments for costs associated 
with damages or disruptions caused by Hurricane Katrina or 
Hurricane Rita, regardless of the amount, may be kept outside the 
state treasury as institutional funds of Lamar University or a 
related institution, as appropriate, and may be spent in accordance 
with the law governing those funds, to the extent the amounts 
received from the federal government are clearly intended to:
		(1)  reimburse Lamar University or a related 
institution for payments for specific described costs, other than 
costs to cover a loss described by Subsection (j)(1), Section 17, 
Article VII, Texas Constitution,  that the university or a related 
institution paid with institutional funds;
		(2)  pay the cost of repairing described damages that 
may not under law be paid using general revenue; or
		(3)  pay costs related to disruptions of any activities 
that may not under law be paid using general revenue.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect on the 91st day after the last day of the 
legislative session.